The press is touting a “possible deal” and a “compromise” regarding Apple that simply isn’t so. The DOJ filed a motion to compel Apple to comply with the court’s order to produce new software to help hack the San Bernadino terrorist’s phone. In that motion, the DOJ says that it is not asking Apple to turn the technology over to the government (well at least not in this case it isn’t).
That is not a “possible deal” nor a “compromise”. It does nothing to obviate any of the Constitutional concerns raised by the order.
The order remains a way for law enforcement to essentially place its order with private industry for tools it would like to have — not through bidding, payment to private industry, and other standard procedures, but by court order.
For more on this development in the saga, read my full post at Lawyerist.